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Product ID: 387461EAU
 
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Alternative and Controversial Land Use Regulations

OnDemand Webinar (89 minutes)

(Problem) Sometimes, we ask that zoning do more than it was intended to do, as when we force on zoning the job of business regulation. Whether a convicted felon should ever run a massage parlor or not is simply not a subject for zoning. Sometimes, local governments don't live up to the expectations and the needs of their sovereigns ??" the federal and state governments. When that happens, the sovereigns step in and literally take over zoning with new requirements, as with flood plain regulation. Finally, some problems, like medical marijuana, have such a mix of land use, federal and state interest, business regulation and blight avoidance, that an approach transcending zoning is required.

(Solution) This OnDemand Webinar will equip local planners and elected and appointed officials with the necessary tools to understand and manage the federal and state overlays as they affect local zoning and to develop hybrid codes that go beyond traditional zoning to deal with the complex issues of regulation affecting local governments with emerging social problems. The faculty will detail the problems and programs so that participants can readily see what is appropriate for local land use regulation and what is not. This program will address how to cope with the federal and state overrides in ways that provide optimum local control to meet local objectives.

Learning Objectives:

  • You will be able to review federal and state overrides.
  • You will be able to discuss local regulations outside of zoning.
  • You will be able to recognize what is appropriate for local land use regulation.
  • You will be able to describe hybrid codes that go beyond traditional zoning.

Authors

Amy Lavine, Government Law Center of Albany Law School
Dwight H. Merriam, FAICP, CRE, Robinson & Cole LLP
Patricia E. Salkin, Government Law Center of Albany Law School
Paul D. Wilson, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C.

Agenda

Amy Lavine

  • Staff attorney at the Government Law Center of Albany Law School
  • Wrote and co-wrote several articles on land use, local government and eminent domain, in publications such as the New York State Bar Association Government, Law and Policy Journal, and The Urban Lawyer
  • Received a Certificate of European and International Legal Studies from the University of Paris X in Nanterre, France
  • Graduate, cum laude and member of the Albany Law Journal of Science and Technology, Albany Law School

Dwight H. Merriam, FAICP, CRE

  • Founded Robinson & Cole LLP's Land Use Group in 1978 
  • Represents land owners, developers, governments and individuals in land use matters
  • Fellow and former president of the American Institute of Certified Planners, former director of the American Planning Association, immediate past chair of the American Bar Association's Section of State and Local Government Law, fellow of the Royal Institution of Chartered Surveyors
  • Teaches land use law at the Vermont Law School and has published seven books and more than 200 articles
  • Named to the Connecticut Super Lawyers list in the area of Land Use Law since 2006 and is in the Top 100 New England Super Lawyers (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
  • Featured speaker at many land use seminars, and presents monthly audio land use seminars for the International Municipal Lawyers Association
  • J.D. degree, Yale; master's degree in regional planning, University of North Carolina; B.A. degree, cum laude, University of Massachusetts

Patricia E. Salkin

  • Raymond & Ella Smith Distinguished Professor of Law at Albany Law School, where she is also associate dean and director of the Government Law Center
  • Wrote the five-volume American Law of Zoning, 5th edition, and the four-volume New York Zoning Law & Practice, 4th edition
  • Written dozens of law review articles, columns, studies and reports and other publications on the topics of land use law and government ethics
  • Past chair of the ABA State and Local Government Law Section and the current chair of the Amicus Curiae Committee for the American Planning Association
  • J.D. degree, cum laude, Albany Law School; B.A. degree, cum laude, University at Albany

Paul D. Wilson

  • Member of Mintz Levin in Boston, chairing their multidisciplinary real estate and land use litigation working group, and its housing practice
  • Experienced civil litigator and successful appellate lawyer
  • Obtained multi-million dollar victories both at trial and through settlement, and his efforts have led to the construction of thousands of units of mixed-income housing, as well as shopping malls, big-box stores, and other commercial developments
  • Served the Section of State and Local Government Law of the American Bar Association as continuing legal education director and on its Council
  • Taught at Boston University School of Law for many years, and frequently speaks and writes on legal topics
  • Honors graduate, Princeton University and New York University School of Law